Montana Code 40-16-108. Qualification and selection of arbitrator
40-16-108. Qualification and selection of arbitrator. (1) Except as otherwise provided in subsection (2), unless waived in a record by the parties, an arbitrator must be:
Terms Used In Montana Code 40-16-108
- Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Montana Code 40-16-102
- Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator. See Montana Code 40-16-102
- Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
- Court: means the district court. See Montana Code 40-16-102
- Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-16-102
(a)an attorney in good standing admitted to practice in the state or a retired Montana district court judge; and
(b)trained in identifying domestic violence.
(2)The identification in the arbitration agreement of an arbitrator or arbitration organization or the method for selecting an arbitrator that is specified in the arbitration agreement controls how an arbitrator is selected.
(3)If an arbitrator is unable or unwilling to act, or if the agreed-on method of selecting an arbitrator fails, on motion of a party, the court shall select an arbitrator.